Opinion
December 7, 1998
Appeal from the Supreme Court, Putnam County (Hickman, J.).
Ordered that the appeal from the order dated June 2, 1997, is dismissed, without costs or disbursements, as that order was superseded by the order dated September 16, 1997, made upon reargument; and it is further,
Ordered that the order dated September 16, 1997, is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court correctly determined that service of the summons with notice pursuant to CPLR 308 (4) was invalid. Although a copy of the summons may have been mailed to the defendant's "last known residence", the summons had not been affixed to the defendant's "actual place of business, dwelling place or usual place of abode" (CPLR 308; see, Feinstein v. Bergner, 48 N.Y.2d 234, 241; European Am. Bank Trust Co. v. Serota, 242 A.D.2d 363; Tymkin v. Edwards, 158 A.D.2d 973). The evidence shows that the defendant had moved a year and a half before service had been attempted, that he had notified the Department of Motor Vehicles of his change of address ( see, Vehicle and Traffic Law § 505 Veh. Traf.), and that he had not otherwise attempted to avoid the service of process ( see, Goot v. Pack, 198 A.D.2d 475).
As this case was pending as of January 1, 1997, the defendant was required to move to dismiss the complaint on jurisdictional grounds within 60 days thereof ( see, CPLR 3211 [e]; Wade v. Byung Yang Kim, 250 A.D.2d 323 [decided herewith]; Fleet Bank v. Riese, 247 A.D.2d 276). Since the defendant's motion was served on February 28, 1997, it was timely made ( see, CPLR 2211).
O'Brien, J. P., Sullivan, Pizzuto and Florio, JJ., concur.